Disposed

Govind D. Pangam and Ors. v. State of Maharashtra and Ors.

Bombay HC26 Oct 2007WP/4682/2007

Case brief

AI extract

What is this about?

Targeting a dispute under the Maharashtra Co-operative Societies Act, the High Court disposed of a writ petition by directing the managing committee to hand over records and proceed with the election by December 2007.

What did the court decide?

Petitioners directed to hand over society records to the Deputy Registrar or nominated officer to complete the election by December 2007.

Govind D. Pangam and Ors. Vs State of Maharashtra and… — Cooperative Societies | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4682 OF 2007

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Shri Govind D. Pangam & Ors.

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.... Petitioners Vs.

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State of Maharashtra & Ors. .... Respondents

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Mr. Chailkar i/b Mr. G. Krishna Mohan Nair for the Petitioners Mr. R.M. Patne for Respondent nos. 1 to 3.

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CORAM : A.P. DESHPANDE, J. DATE : 26TH OCTOBER, 2007 P.C.

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Rule. Rule made returnable forthwith.

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Taken up for final hearing by consent of both the

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parties.

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2)	T	he respondent no. 3 passed an order under
Section	78(2)	of the Maharashtra C	o-operative
Societies	Act,	1960 removing the managing	committee
of	the res	pondent no. 5 Vishal Kokan C	o-operative
Housing	Society	and at his place appointed	an
Administrator.		The said order passed under	Section
78(2)	was	challenged by the committee members	by
filing an	appeal	before the respondent no. 2.	The
Appellate	au	thority allowed the appeal and	quashed
and set	aside	the order passed by respondent No.	3
under	Section	78(2). Being aggrieved by	the

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Appellate order, the present petition has been

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filed by the petitioners

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It will not be out of place to mention that

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the	term of the managing comm	ittee	comes	to	an end
on	expiry of period of five	years	on	4th	January
2008.	The learned Cou	nsel	represe	nting	the
respondent	no. 5- Society	so	also		managing
committee	members being respondent	Nos.		6	to 10
submits	that the said	responde	nts	are	ready,
willing	and desirous of holding	an	elec	tion	of the
managing	committee of respondent	no.	5	-	Society

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by the end of December 2007 and thus there is no

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need to interfere with the impugned order.

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The parties are in agreement that the

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ensuing	election		of	the	society	which	is	to	be
completed		before	Dece	mber	2007	should	be		conducted
by	respondent		no.	3	or the	Officer	appoin	ted	by
the	respondent,		no.		3 viz.		Deputy		Registrar,
Co-operative		Soc	ieties,‘R’		Ward,	Malh	otra		House,

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6th Floor, Fort, Mumbai, so that the election can

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be conducted impartially.

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In view of this concession, the present

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Writ	Petit	ion	is	disposed	of	by	dire	cting	the
respond	ent	nos.		5 to 10	to	handover	the	rec	ord of
the	Society	to	the	respondent	no.	3	or	any	Officer

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nominated by him. The respondent no. 3 or his nominee shall initiate and proceed to complete the

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election process by end of December 2007 and shall handover the charge to the newly elected body.

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Rule made absolute in above terms.

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(A.P. DESHPANDE, J.)

Govind D. Pangam and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Govind D. Pangam and Ors. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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